(a) An indictment, information, complaint, or other charging instrument or a related document in a criminal case may be filed in electronic form with a judge or clerk of the court authorized to receive the document.
(b) A judge or clerk of the court is authorized to receive for filing purposes an information, indictment, complaint, or other charging instrument or a related document in electronic form in accordance with Subchapter I, Chapter 51, Government Code, if:
(1) the document complies with the requirements that would apply if the document were filed in hard-copy form;
(2) the clerk of the court has the means to electronically store the document for the statutory period of record retention;
(3) the judge or clerk of the court is able to reproduce the document in hard-copy form on demand; and
(4) the clerk of the court is able to display or otherwise make the document available in electronic form to the public at no charge.

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Terms Used In Texas Code of Criminal Procedure 21.011

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See Texas Government Code 311.005
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • sworn: includes affirm or affirmed. See Texas Government Code 312.011

(c) The person filing the document and the person receiving the document must complete the electronic filing as provided by § 51.804, Government Code.
(d) Notwithstanding § 51.806, Government Code, an indictment, information, complaint, or other charging instrument or a related document transmitted in electronic form is exempt from a requirement under this code that the pleading be endorsed by a natural person. The requirement of an oath under this code is satisfied if:
(1) all or part of the document was sworn to; and
(2) the electronic form states which parts of the document were sworn to and the name of the officer administering the oath.
(e) An electronically filed document described by this section may be amended or modified in compliance with Chapter 28 or other applicable law. The amended or modified document must reflect that the original document has been superseded.
(f) This section does not affect the application of § 51.318, Government Code, § 118.052(3), Local Government Code, or any other law permitting the collection of fees for the provision of services related to court documents.

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